PUBLIC LAW MEANS AGAINST THE UNFAIR COMPETITION: ASPECTS OF RUSSIA AND THE USA
Authors:
Type:
Article
Pages:
from 120
to 124
Status:
Published
Received:
01.08.2017
Accepted:
23.08.2017
Published:
23.08.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
competition, market, monopoly, responsibility, criminal.
Abstract (English):
The issues of the legal regulation of social relations in the sphere of counteraction of unfair competition are raised in present article. The author outlines the legislative tools which are used in Russia and the United States for the regulation of liability for such acts. Also the author identifies the similar and different ways of legal regulation of these social relations. In this context the most relevant fact is the fact that the legal regulation of these issues in the United States started in the beginning of XX century, and the Russian legislator started to learn them only in the end of XX century. The purpose of the present article is to study the antitrust laws of Russia and the USA; to identify the features of the historical development of legal provisions in this field; to make a comparison of the administrative and penal sanctions on persons violating the rules of fair competition, but not only in a view of the responsibility, but in context of the prevention of such offences; to make a comparative analysis of definitions and levels of responsibility for violations in this sphere. The set of general scientific and private scientific methods of cognition were used during preparing of this article: the dialectical method, the method of analysis and synthesis, logical method, method of comparative law, sociological, historical, formal-logical and other scientific methods. The study was made not only on the basis of the standard manual but also the case law of the higher judiciary. At the end of the study the author comes to the conclusion on necessity of the improvement of legislation in the field of counteraction of unfair competition, in particular in the direction of the creation of the criminal liability institute for legal persons in Russian legislation and the development of the concept of penetration under the corporate veil in the public legal sectors.
The issues of the legal regulation of social relations in the sphere of counteraction of unfair competition are raised in present article. The author outlines the legislative tools which are used in Russia and the United States for the regulation of liability for such acts. Also the author identifies the similar and different ways of legal regulation of these social relations. In this context the most relevant fact is the fact that the legal regulation of these issues in the United States started in the beginning of XX century, and the Russian legislator started to learn them only in the end of XX century. The purpose of the present article is to study the antitrust laws of Russia and the USA; to identify the features of the historical development of legal provisions in this field; to make a comparison of the administrative and penal sanctions on persons violating the rules of fair competition, but not only in a view of the responsibility, but in context of the prevention of such offences; to make a comparative analysis of definitions and levels of responsibility for violations in this sphere. The set of general scientific and private scientific methods of cognition were used during preparing of this article: the dialectical method, the method of analysis and synthesis, logical method, method of comparative law, sociological, historical, formal-logical and other scientific methods. The study was made not only on the basis of the standard manual but also the case law of the higher judiciary. At the end of the study the author comes to the conclusion on necessity of the improvement of legislation in the field of counteraction of unfair competition, in particular in the direction of the creation of the criminal liability institute for legal persons in Russian legislation and the development of the concept of penetration under the corporate veil in the public legal sectors.
Keywords:
competition, market, monopoly, responsibility, criminal.
competition, market, monopoly, responsibility, criminal.
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